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9 Jun 2020, 3:44 am by David Bernstein
[While the current protests are certainly well-meaning and anger over police violence and racism justified, claiming that the protests' positive effects on public health will exceed the harms from the spread of coronavirus is an assertion of faith, not science.] [read post]
4 Jan 2021, 7:28 am by David Bernstein
[Genetic diversity in medical research may be a good thing; using American racial categories is not a good way to achieve that diversity.] [read post]
22 Apr 2014, 3:16 pm
Put aside for a moment the lengthy debate in the opinions about “political restructuring” doctrine. [read post]
8 Mar 2017, 1:09 pm by David Bernstein
A police officer blocks an entrance as officials respond to a bomb threat at the Jewish Community Center in Louisville, Ky., on March 8. [read post]
14 Oct 2021, 5:38 am by David Bernstein
[Administrators threaten retaliation against a student for declining to apologize for an email that did not merit an apology] Reprinted with permission, the article is by Aaron Sibarium of the Washington Free Beacon, originally published here. [read post]
27 Oct 2014, 2:35 pm
Someone left State Department spokesman Jen Psaki grossly unprepared for a press briefing today (or at least I hope this reflects lack of preparation), and she wound up disagreeing with the notion that a teenage Palestinian Hamas supporter with American citizenship throwing molotov cocktails at cars on an Israeli highway was “essentially a terrorist” whom the State Department was a bit too quick too mourn. [read post]
19 Jun 2020, 6:38 am by David Bernstein
[Cancel Culture is on the rise, it needs to stop if we are to preserve a free society.] [read post]
9 Aug 2016, 9:01 am by David Bernstein
University of Chicago law professor Eric Posner argues that “Trumpism owes its meteoric rise in part to originalism, which was so forcefully championed by Antonin Scalia over his long career. [read post]
19 Jan 2015, 5:51 am
In blog posts, Facebook comments, conversations, and so on, I’ve noticed a false equivalency popping up, in the form of the following questions: would people be defending Charlie Hebdo as strongly, or insisting that newspapers should reprint its illustrations, if the magazine had published anti-Semitic caricatures? [read post]
13 Mar 2019, 11:08 am by David E. Bernstein
The economic benefits of antitrust likely are not worth the costs.With trust-busting all the rage these days, especially on the Liz Warren left, this seems like a good time to repost something I wrote fifteen years ago: The right way to look at antitrust law is not whether economic theory suggests that particular monopolies can and will exist that can, in theory, be corrected through government action, to the benefit of both consumer welfare and economic efficiency. [read post]
24 Jan 2022, 1:56 pm by David Bernstein
[In my forthcoming book, Classified, I suggest limiting preferences in higher education to descendants of enslaved Americans and residents of Indian reservations.] [read post]
30 Dec 2015, 4:59 pm by David Bernstein
Columbia legal historian Phil Hamburger wrote an erudite, interesting book called “Is Administrative Law Unlawful? [read post]
6 Aug 2018, 7:35 am by David E. Bernstein
No, this isn't another post about that horrible Nancy MacLean book, but it is related. [read post]
14 Jan 2021, 3:27 pm by David Bernstein
[Trump is the only president in decades who has appealed to a particular segment of the American electorate.] [read post]
5 Jun 2020, 5:11 am by David Bernstein
I have become increasingly cognizant of a tendency of many libertarians to conflate "libertarian" with "antigovernment. [read post]
17 Nov 2021, 5:39 am by David Bernstein
[The idea that citizens trying to protect a community from rioters are presumptively white supremacist vigilantes doesn't bear scrutiny.] [read post]
5 Nov 2022, 7:36 am by David Bernstein
A reader reminded me of this blog post Jan. 24, 2022: Will the Supreme Court Ask Harvard How it Justifies Treating "Asian Americans" as a Homogenous Category? [read post]
3 Feb 2020, 2:16 pm by David Bernstein
[The Democrats could have, but did not, make the case that Trump is unfit to hold office] I was listening to NPR in my car today and heard one of the House managers make the case that I though the Democrats should have made all along–that Trump's Ukrainian mess was not a one-off, but part of a very troubling pattern of behavior by the president that renders him unfit to hold office. [read post]
9 Feb 2014, 8:56 pm
Cato Unbound is hosting an online discussion on “judicial restraint,” with the lead essay by recent VC guest blogger Tim Sandefur. [read post]